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<ns0:Description>
<ns0:Id>20250SB__012896CHP</ns0:Id>
<ns0:VersionNum>96</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-01-23</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-06-24</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>128</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>16</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Budget and Fiscal Review</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Budget and Fiscal Review</ns0:Name>
</ns0:Committee>
</ns0:Authors>
<ns0:Title>An act to add Section 13084 to the Government Code, and to amend Sections 1685, 12804.9, 12811.4, 13352, and 23109 of, and to add and repeal Section 21655.10 of, the Vehicle Code, relating to transportation, and making an appropriation therefor, to take effect immediately, bill related to the budget. </ns0:Title>
<ns0:RelatingClause>transportation, and making an appropriation therefor, to take effect immediately, bill related to the budget</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Transportation.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law requires the Department of Transportation to submit and prepare and submit to the Governor a proposed budget. To align the annual budget with the adopted state transportation improvement program, existing law authorizes the Department of Transportation to submit to the Department of Finance a revised capital outlay support and capital outlay budget estimates as part of its May Revision process.</html:p>
<html:p>This bill would authorize the Department of Finance to increase or decrease funding appropriated to the Department of Transportation’s capital outlay support program using funding made available to the program from both the annual Budget Act and any other appropriation provided the combined adjustments total $0, as specified. The bill
would require the Department of Finance to authorize the adjustments not sooner than 30 days after the notification in writing of the necessity therefor to the chairpersons of specified legislative committees.</html:p>
<html:p>Existing law authorizes the Department of Motor Vehicles to establish contracts for electronic programs that allow qualified private industry partners to provide services that include processing and payment programs for vehicle registration and titling transactions. Existing law requires the department to charge private industry partners a $1 transaction fee for the implementation of their proportionate share of departmentwide system improvements until the director determines that sufficient funds have been received to pay for the improvements, or on December 31, 2023, whichever occurs first.</html:p>
<html:p>This bill would reimplement the transaction fee described above commencing July 1,
2025, until the director determines that sufficient funds have been received to pay for the improvements, or on December 31, 2028, whichever occurs first. </html:p>
<html:p>Existing law requires the Department of Motor Vehicles to require an examination for issuance of a driver’s license. The examination is required to be appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive or tow, in accordance with certain license classifications. A class C driver’s license includes the operation of, among other vehicles, a 2-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a 5th-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating when the towing of the trailer is not for compensation. If the towed 5th-wheel trailer exceeds 10,000 pounds, but is less than 15,000 pounds gross vehicle weight rating, and towing is not for compensation, existing law requires the
holder of a class C driver’s license to also pass a specialized written examination.</html:p>
<html:p>Existing law, commencing on January 1, 2027, instead permits a class C driver’s licenseholder to operate a vehicle when towing a trailer between 10,000 and 15,000 pounds gross vehicle weight rating or gross vehicle weight if specified conditions are met, including the towing is not for compensation or commercial purposes, the trailer is used exclusively for recreational purposes, and the person has passed a specialized written examination. Existing law also, commencing on January 1, 2027, includes within a class C driver’s license the operation of a vehicle when towing a 5th-wheel travel trailer between 10,000 and 15,000 pounds gross vehicle weight rating or gross vehicle weight when the towing is not for compensation and the licenseholder has passed a specialized written examination.</html:p>
<html:p>This bill
would instead make those provisions operative on January 1, 2029. </html:p>
<html:p>Beginning January 1, 2027, existing law requires an electronic application for an original or renewal driver’s license or identification card to contain a solicitation for the applicant to enroll in the National Marrow Donor Program’s (NMDP) registry as a bone marrow or blood stem cell donor, and requires the Department of Motor Vehicles to electronically transmit specified applicant information weekly to the NMDP.</html:p>
<html:p>This bill would delete that operative date and would instead require the department to enter into a memorandum of understanding with the NMDP to mutually agree on the operative date for the above-described requirements. </html:p>
<html:p>Existing law prohibits a person from engaging in a motor vehicle exhibition of speed on a highway or aiding or abetting in a
motor vehicle exhibition of speed on any highway. Upon conviction, existing law punishes a person by imprisonment in a county jail for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment.</html:p>
<html:p>Existing law, commencing July 1, 2025, additionally authorizes the court to order the privilege to operate a motor vehicle suspended for 90 days to 6 months and restricts the person’s operation of a motor vehicle for the purposes of their employment, as specified. Existing law requires the court to consider a person’s hardships, as specified, when deciding to either suspend or restrict a driver’s license. Existing law requires the Department of Motor Vehicles to suspend or restrict a driver’s license as ordered by the court.</html:p>
<html:p>This bill would delay the commencement of the court’s additional authority to restrict or suspend a driver’s license, as described
above, from July 1, 2025, to January 1, 2029, and make conforming changes.</html:p>
<html:p>Existing law authorizes the Department of Transportation and local authorities to designate certain highway lanes for the exclusive or preferential use of high-occupancy vehicles (HOVs), requires the department or local authorities to place signage advising motorists of the rules governing the use of those lanes, and prohibits the use of those lanes by motorists other than in conformity with the posted rules.</html:p>
<html:p>Existing federal law requires a public authority that has jurisdiction over an HOV lane to require a vehicle using the lane to have no fewer than 2 occupants. Existing federal law provides certain exceptions to this requirement, including motorcycles, public transportation vehicles, blood transport vehicles, and, until September 30, 2025, specified alternative fuel and electric vehicles.</html:p>
<html:p>Existing state law authorizes motorcycles, mass transit vehicles, blood transport vehicles, paratransit vehicles, and, until September 30, 2025, specified alternative fuel and electric vehicles to use HOV lanes regardless of occupancy.</html:p>
<html:p>This bill, until January 1, 2029, would authorize the Department of Transportation and local authorities to temporarily permit exclusive or preferential use of HOV lanes, high-occupancy toll lanes, and other lanes for vehicles displaying a distinctive decal, label, or other identifier issued by the Olympic and Paralympic Games organizers that clearly distinguishes the vehicle is being operated on the games route network during an Olympic and Paralympic Games period. The bill would require the decal, label, or other identifier to be approved by the Department of Transportation, in collaboration with the Department of the California Highway Patrol, and to display a serial
number or identification number to verify that the decal, label, or other identifier is being used on the vehicle for which it is issued.</html:p>
<html:p>This bill would appropriate $1,000 to the Department of Transportation to fund projects in support of the games route network and would authorize the Department of Finance to augment that amount, as specified.</html:p>
<html:p>This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>YES</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>YES</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_DD5CC723-9B80-4106-BF9F-BE8BCEDEA167">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 13084 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_9D1A0D3C-74EF-43BC-B7E9-03662328691F">
<ns0:Num>13084.</ns0:Num>
<ns0:LawSectionVersion id="id_16527293-2210-4181-A58C-1255235CD04C">
<ns0:Content>
<html:p>The Department of Finance may increase or decrease funding appropriated to the Department of Transportation’s capital outlay support program using funding made available to the program from both the annual Budget Act and any other appropriation, provided the combined adjustments total zero dollars ($0). Any adjustment made pursuant to this section shall be limited to the capital outlay support program. The Department of Finance shall authorize the adjustments not sooner than 30 days after notification in writing of the necessity therefor to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee.</html:p>
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<ns0:BillSection id="id_87183740-DCFF-42B5-A2DF-8D85240B4D7D">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 1685 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AD73A14A-7DFB-45CA-BB8F-DCB3A682B942">
<ns0:Num>1685.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may enter into contractual agreements with qualified private industry partners. There are the following three types
of private industry partnerships authorized under this section:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partner’s own business purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Second-line business partner is a partner that receives information from a first-line service provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The private industry partner contractual agreements shall include the following minimum requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Filing of an application and payment of an
application fee, as established by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Posting a bond in an amount consistent with Section 1815.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services
authorized under subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the
customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the
improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Listing of all qualified private industry partners, including names and business addresses.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Volume of transactions, by type, completed by business partners.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Total amount of funds, by transaction type, collected by business partners.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Total amount of funds received by the department.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Description of any fraudulent activities identified by the department.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Evaluation of the benefits of the program.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Recommendations for any administrative or statutory changes that may be needed to improve the program.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing July 1, 2025, in addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners’ proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31,
2028,
whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the department’s internet website and retained by the director.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2028, whichever occurs first.
</html:p>
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<ns0:BillSection id="id_33C9B9A5-E4A2-4216-96DF-EA8968D32F75">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 12804.9 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 1 of Chapter 610 of the Statutes of 2021, is amended to read:
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<ns0:LawSection id="id_17A48E6C-FAA0-4177-911E-40F411A4535D">
<ns0:Num>12804.9.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The examination shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An actual demonstration of the
applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle before supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the
vehicle, unless proof of financial responsibility is not required by this code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the mental and physical fitness of the applicant to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in the applicant’s driver record a valid report of a medical examination of the applicant given not more than two years before the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and
regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii)
of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Class A includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A vehicle towing more than one vehicle.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A trailer bus.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The operation of all vehicles under class B and class C.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Class B includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A farm labor vehicle.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A house car over 40 feet in length, excluding safety devices and safety bumpers.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The operation of all vehicles covered under class C.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Class C includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle
weight rating or gross vehicle weight of 10,000 pounds or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A house car of 40 feet in length or less.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A three-axle vehicle weighing 6,000 pounds gross or less.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A two-axle vehicle weighing 4,000 pounds or more unladen when towing either
a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A vehicle or
combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Is used exclusively in the conduct of agricultural operations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Is not used in the capacity of a for-hire carrier or for compensation.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A motorized scooter.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Class M2 includes a motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle
listed in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A license or driver certificate issued before the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in
existence before that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which the applicant is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which the applicant is applying.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which the applicant is applying.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department may accept a certificate of satisfactory completion of a motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which the applicant is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A person under 21 years of age shall not be issued a class M1 or M2 license or endorsement unless the person provides evidence satisfactory to the department of completion of a novice motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license
when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that the driver has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5E7535A2-898A-4A07-A29B-2C2C1935D482">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 12804.9 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as added by Section 2 of Chapter 610 of the Statutes of 2021, is amended to read:
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<ns0:LawSection id="id_4EFEFE0F-9676-41E5-8833-14BE0650CF2B">
<ns0:Num>12804.9.</ns0:Num>
<ns0:LawSectionVersion id="id_F4AF1055-8078-4C28-92AB-F2B86364072F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The examination shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An actual demonstration of the
applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle before supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the
vehicle, unless proof of financial responsibility is not required by this code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the mental and physical fitness of the applicant to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in the applicant’s driver record a valid report of a medical examination of the applicant given not more than two years before the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and
regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii)
of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Class A includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A vehicle towing more than one vehicle.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A trailer bus.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The operation of all vehicles under class B and class C.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Class B includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A farm labor vehicle.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A house car over 40 feet in length, excluding safety devices and safety bumpers.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The operation of all vehicles covered under class C.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Class C includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle
weight rating or gross vehicle weight of 10,000 pounds or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A house car of 40 feet in length or less.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A three-axle vehicle weighing 6,000 pounds gross or less.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A two-axle vehicle when towing a trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds gross vehicle weight rating or gross vehicle weight, if all of the following conditions are met:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The towing of the trailer is not for compensation or commercial purposes.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The trailer is coupled to the towing vehicle by a bed-mounted gooseneck hitch or a fifth-wheel and kingpin connection.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The trailer is used exclusively for recreational purposes.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The trailer is used for the transportation of property or human habitation, or both.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A vehicle towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating or gross vehicle weight, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds
or less, if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Is used exclusively in the conduct of agricultural operations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Is not used in the capacity of a for-hire carrier or for compensation.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A motorized scooter.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A bus with a gross vehicle weight rating or gross
vehicle weight of 26,000 pounds or less, except a trailer bus.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Class M2 includes a motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1
license or endorsement may operate vehicles included in class M2 without further examination.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle listed in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C
vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A license or driver certificate issued before the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence before that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department may accept a certificate of driving skill that is issued by an employer, authorized by
the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which the applicant is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which the applicant is applying.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which the applicant is applying.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department may accept a certificate of satisfactory
completion of a motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which the applicant is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A person under 21 years of age shall not be issued a class M1 or M2 license or endorsement unless
the person provides evidence satisfactory to the department of completion of a novice motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that the driver has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall become operative on January 1,
2029.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C69D4070-F51A-4F2D-8708-88A3A225DC5E">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 12811.4 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_87E4377C-B355-4166-9C35-E7FB06D2E3A0">
<ns0:Num>12811.4.</ns0:Num>
<ns0:LawSectionVersion id="id_50E29E84-9F04-4026-BFAA-51CC0B8891D4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as Charlie’s Law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An electronic application for an original or renewal driver’s license or identification card shall contain a solicitation for the applicant to enroll in the registry operated by the National Marrow Donor Program. The application shall include a question regarding enrollment pursuant to subdivision (c) and check boxes for an applicant to mark either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Yes, I would like to enroll in the registry to be a potential bone marrow or blood stem cell donor. I consent to my information being shared with the National Marrow Donor Program for the purposes of enrollment. I understand that I am not enrolled at this
time and must complete the National Marrow Donor Program enrollment forms and cheek swab to be a registered bone marrow donor. I am aware that after enrollment, if matched, I have the ability to refuse to donate at any point.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No, I do not wish to enroll at this time.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An applicant’s election to enroll in the National Marrow Donor Program’s registry shall constitute consent to their information being transmitted to the National Marrow Donor Program for the purposes of completing enrollment in the registry. After submitting their electronic application for an original or renewal driver’s license or identification card, the applicant shall receive a followup communication to complete the National Marrow Donor Program application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall enter into a memorandum of understanding with the National
Marrow Donor Program to mutually agree upon all
of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The language of the question of enrollment required by subdivision (b). The language may define enrollment and donor requirements, including, but not limited to, limits on the transferring of data to only those eligible for enrollment in the National Marrow Donor Program, and may provide the corresponding disclosures.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The language of the followup communication described in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The operative date for the provisions specified in subdivisions (b) and (e).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
On a weekly basis, the department shall electronically transmit to the National Marrow Donor Program all of the following information
from every application that indicates the applicant’s intent to enroll as a potential bone marrow or blood stem cell donor:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant’s true full name.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant’s residence or mailing address.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant’s date of birth.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The applicant’s telephone number.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The applicant’s email address.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department and the California Health and Human Services Agency shall post the enrollment form on its internet website.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Enrollment in the National Marrow Donor Program registry through the department does not constitute a legal document
pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and does not require registrants to donate if they are matched.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Information obtained by the National Marrow Donor Program shall be used only for registry operations consistent with the informed consent of the applicant. Information obtained by the National Marrow Donor Program for the purposes of this section shall not be disseminated further by the National Marrow Donor Program.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A public entity or its employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the enrollment form provided pursuant to this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F0AB1CAB-F329-443C-993F-A0D4E8B7C60B">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2017, Ch. 485, Sec. 3) by Stats. 2021, Ch. 611, Sec. 1. [id_d175010f-5840-11ec-bcae-6b903ee2f864]" ns3:type="locator">
Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 1 of Chapter 611 of the Statutes of 2021, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1D2126D7-F934-4597-8913-A11C269B6765">
<ns0:Num>13352.</ns0:Num>
<ns0:LawSectionVersion id="id_63616B40-1C6B-4678-84CA-6F870DABB128">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this subparagraph, or as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of
Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides to the department, subsequent to
the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person provides proof
of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives
proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays
all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph or in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety
Code as described in subdivision (b) of Section 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of
enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s
license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the
county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as
defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the
department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code.
For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in
paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial
responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing
January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of paragraphs (2) to (9), inclusive, of subdivision
(a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of
Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (a) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to
comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the
satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding the suspension periods specified in paragraphs (1) to (7), inclusive, of subdivision (a) or Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to this section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance
or calibration of the ignition interlock device.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The reinstatement of the driving privilege pursuant to this section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, “bypass” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and
while the vehicle’s motor is running.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F878B901-F7D3-40C2-93E5-6EF38B516E15">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2016, Ch. 783, Sec. 6) by Stats. 2021, Ch. 611, Sec. 2. [id_d3189ef1-5840-11ec-bcae-6b903ee2f864]" ns3:type="locator">
Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 2 of Chapter 611 of the Statutes of 2021, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D3C0683C-C6DA-476C-A228-A6D100E90A72">
<ns0:Num>13352.</ns0:Num>
<ns0:LawSectionVersion id="id_F097666E-BF5D-4870-A885-4182BD5194A5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of
the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in,
participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542
of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the
following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section
23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person
meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph
(A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a
violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities
completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The person pays to the
department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of the initial 12 months of a
30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain
in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section
23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in
subdivision (a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a
certificate of completion issued, under penalty of perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2026.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E3F1A353-7349-4B4D-A933-1D27C52EDC9E">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 21655.10 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6956F40D-A66E-44F6-85F0-FA0C9C42EC56">
<ns0:Num>21655.10.</ns0:Num>
<ns0:LawSectionVersion id="id_47609CBE-F581-4FC7-8114-8800E7D5D298">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may authorize or temporarily permit exclusive or preferential use of high-occupancy vehicle lanes, high-occupancy toll lanes, and other lanes, regardless of the number of passengers in the vehicle, for the games route network if the vehicle displays a distinctive decal, label, or other identifier issued by the Olympic and Paralympic Games organizers that clearly distinguishes the vehicle is being operated on the games route network during an Olympic and Paralympic Games period. A person shall not drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices. Exclusive or preferential use of those lanes shall not exclude
emergency response and public safety vehicles.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The design of the decal, label, or other identifier issued by the Olympic and Paralympic Games organizers shall be approved by the Department of Transportation, in collaboration with the Department of the California Highway Patrol, and shall display a serial number or identification number to verify that the decal, label, or other identifier is being used on the vehicle for which it is issued.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Games route network” means dedicated traffic lanes for travel used during the Olympic and Paralympic Games Period, as identified by the Department of Transportation or a local authority, in consultation with the Olympic and Paralympic Games organizers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Olympic and
Paralympic Games period” means the days identified by the Department of Transportation for which the games route network shall be operable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_260826A0-730A-4675-A8FA-548C5A9A95F1">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 23109 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0CEAB94E-92B4-4176-A6AB-F2E578A29692">
<ns0:Num>23109.</ns0:Num>
<ns0:LawSectionVersion id="id_7AFAA78F-87F6-4CFD-A6E0-08E256BA6525">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person
shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that
fine and imprisonment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that
person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision does not interfere with the court’s power to grant probation in a suitable case.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than 1 day nor more than 30 days.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Commencing January 1, 2029, the court
may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subparagraph (B) of paragraph (8) of subdivision (a) of Section 13352, only if the violation occurred as part of a sideshow.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s
employment, restricted to driving in that person’s scope of employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles
shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall be known and may be cited as the Louis Friend Memorial Act.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_08534ABC-4B4E-4510-8490-E3D6B4C9748D">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:Content>
<html:p>The sum of one thousand dollars ($1,000) is hereby appropriated from the State Highway Account to the Department of Transportation to fund state transportation projects in support of the games route network in support of the 2028 Olympic Games and Paralympics Games. Notwithstanding any other law, the Department of Finance may augment this amount by up to twenty million dollars ($20,000,000) for these purposes. Any augmentation made pursuant to this section shall be authorized no sooner than 30 days after notification in writing of the necessity of the increase to the chairpersons of the committees in each house
of the Legislature that consider appropriations, the chairpersons of the committees and the appropriate subcommittees that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may determine.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_CDEC62CC-AAEF-4171-95E9-3FB971BAD32D">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:Content>
<html:p>This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.</html:p>
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</ns0:Bill>
</ns0:MeasureDoc>
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